Radheshyam Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6184 of 2013 In Civil Writ Jurisdiction Case No. 8568 of 2013 ====================================================== Radheshyam Tiwari, son of Late Makardhwaj Tiwari, resident of Village - Bhadour, P.O. Bhadour, P.S. Bagengola Brahmpur, Distt. - Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Binod Singh Gujiyal, the District Magistrate, Buxar.

3. Sri Raj Shekhar, the Circle Officer Brahmpur, Buxar.

4. Sri Pramodh Kumar S.D.O. Dumraon, Buxar.

5. Sri Chandra Kishore Sah, Executive Engineer, Rural Works Department, Dumraon, Buxar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Ajay Kr. Rastogi, AAG-10 Mr. Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-03-2017 In view of the averments made by the District Magistrate, Buxar and the averments made in paragraphs 8 and 9 of the aforesaid counter affidavit, it is clear that the plot of the petitioner bearing no.6238 has not been acquired and approach road to connect National Highway No.30 has not been constructed on this land. From paragraph 9 it is seen that the lands indicated therein, i.e. plot nos. 1996, 1996/259 and 253 under Khata No.875 which is adjacent to plot no.6238, have been encroached; encroachments have been removed and action has been taken with regard to construction of the road through these lands. As far as petitioner's plot is concerned, there being

Patna High Court MJC No.6184 of 2013 (11) dt.20-03-2017 2/2 no construction made, in view of the aforesaid show cause filed by the District Magistrate, no case is made out for proceeding with the matter. The application stands disposed of. (Rajendra Menon, CJ) Sunil/- U